Terms of Service

Your use of any online services provided by us (“Services”) is subject to these Terms of Service (“Terms”).

“We”, “us”, and “our” refer to the File Garden organization and its successors and assigns. “You” and “your” refer to any person who has consented to these Terms or has become contractually bound to them, whether such person is identified or not at the time.

Acceptable Use

You must not use our Services in a manner that violates our Terms or applicable policies, including but not limited to the following:

• Don’t violate any applicable laws, regulations, ordinances, or directives.
• Don’t do anything threatening, abusive, harassing, defamatory, tortious, or invasive of another person’s privacy.
• Don’t do anything in support of malware, phishing, spam, or similar activities.
• Don’t interfere with the proper functioning of any of our software, hardware, or equipment.
• Don’t engage in any conduct that inhibits anyone else’s use or enjoyment of our Services, or which we determine may harm anyone.
• Don’t circumvent, or attempt to circumvent, account restrictions, storage space limits, or pricing.
• Don’t automatically or programmatically upload files that you didn’t manually decide to upload. If you need cloud storage for your app (e.g., to handle user-uploaded content), please use a cloud service intended for object storage (such as Backblaze B2, Cloudflare R2, or Amazon S3).
• Don’t make sexually explicit content available to anyone under the age of 18.
• Don’t do anything that sexualizes children in any way (real or fictional), or that we determine may contribute to the normalization of child sexual abuse.
• Don’t violate anyone’s intellectual property or other rights, such as by participating in copyright infringement or piracy. (Regardless of the ethics of piracy, we’re required to act against it, so please be mindful that using our Services for piracy puts additional strain on us.)
• Don’t share real media depicting gore, excessive violence, or animal harm, especially with the intention to harass or shock others.

If you find content on our Services that violates these Terms, please report it to us at [email protected].

In our sole discretion, we may at any time change, eliminate, or restrict access to our Services, or modify, suspend, or terminate a user account. If you violate any of our Terms or applicable policies, we reserve the right to suspend or terminate your account and may delete your data. We are not liable for any damages as a result of these actions.

Age Requirement

By accessing our Services, you confirm that you’re at least 13 years old and meet the minimum age required by the laws in your country. If you are old enough to access our Services in your country, but not old enough to have authority to consent to our Terms, your parent or legal guardian must agree to our Terms on your behalf. Please ask your parent or legal guardian to read these Terms with you. If you’re a parent or legal guardian, and you allow your child (who must meet the minimum age for your country) to use the Services, then these Terms also apply to you, and you’re responsible for your child’s activity on the Services, including purchases made by them.

Your Content

Your “Content” refers to any files or data you upload or provide to our Services.

We don’t sell your Content to third parties, and we don’t use your Content for advertising purposes.

To provide the functionality you expect from our Services (for example, file storage and file sharing), we are required to have a license that gives us permission to handle your Content accordingly. You retain ownership of any Content you own. But by using our Services, you grant us a license to do the following with your Content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our Services:

• Use, copy, store, distribute, and communicate your Content in manners consistent with your use of the Services. (For example, so we can let you store and download your files.)
• Publish, publicly perform, and publicly display your Content if you’ve chosen to make it visible to others. (For example, so we can display your files to others if you share them.)
• Monitor, modify, translate, and reformat your Content. (For example, so we can resize an image you upload to fit in a thumbnail.)
• Sublicense your Content, to allow our Services to work as intended. (For example, so we can store your Content with our cloud service providers.)

This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual. You also represent and warrant that you have the right to grant us that license.

Your Responsibilities

You are solely responsible for the development, content, and use of your Content, and you assume all risks associated with your Content, including intellectual property or other legal claims. You will ensure that any use of your Content complies with all applicable laws and these Terms. We assume no liability for any data that you or anyone else stores with our Services.

Indemnification

You agree to defend, indemnify, and hold harmless us, our contractors, contributors, licensors, and partners, and their respective directors, officers, employees, and agents (“Indemnified Parties”) from and against any and all third party claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services (including, but not limited to, from any of your Content).

Disclaimers

The Services are provided “AS IS” WITH ALL FAULTS. To the extent permitted by law, we and the Indemnified Parties hereby disclaim all warranties, whether express or implied, including without limitation warranties that the Services are free of defects, merchantable, fit for a particular purpose, and non-infringing. You bear the entire risk as to selecting the Services for your purposes and as to the quality and performance of the Services, including without limitation the risk that your Content is deleted or corrupted or that someone else accesses your online accounts. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.

Limitations of Liability

Except as required by law, we and the Indemnified Parties will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of your use of or inability to use the Services, including without limitation direct and indirect damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort, or otherwise) upon which such claim is based. The collective liability of us and the Indemnified Parties under this agreement will not exceed the greater of $20 USD or 100% of any amount you’ve paid under your current service plan with us. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.

Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by sending us a Notice of Dispute at [email protected] that includes your name, a detailed description of the dispute, and the relief you seek. Please include “Notice of Dispute” in the message’s subject line. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or we may bring a formal proceeding.

About These Terms

These Terms will be governed by Michigan law except for its conflicts of laws principles. However, some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements or terms and conditions applicable to the subject matter of these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

If you have any questions or concerns regarding these Terms, we encourage you to reach out to us at [email protected].